Earning Potential, Moving Out of State, Custody


Earning potential is not relevant. Does she want custody? What do you want? There is nothing you can do to stop her from moving to where ever. You can stop her from taking your child. Especially if you have a job and she doesn’t. See an attorney.


For a child under three she will not be imputed income. Once the child is older than the age of three she can be imputed income at her former level if the court finds that she acted in bad faith, if the court finds no bad faith she can be imputed minimum wage.

If she wants to move and you do not want her to, you can file an action for custody and ask the court to address this issue.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


My wife wants a separation/divorce and to move to either CO, CA, or MI(wherever she finds a job.) Irreconsilable differences is the reason, no infidelity or abuse. Since the beginning of our marriage she has decided not to work (3yrs). I have supported her in this decision and we had a child, now 2 years old. We are now planning separating and she feels the only place she can get a job, and have friends/family are in CO, CA or MI. We have a pre-nump in place. basically stating there is no entitlement to any assets we individually had before the marriage. (I had debt - she had assets.) There are no statements regarding children.

How should this all work out, in terms of her stating she can only work in certain states, NC not being one? Can she do this? Her earning potential is equal to or better than mine, and she has been given job offers in the past year which she declined. Is earning potential a relevant fact at all in a separation/child support agreement?